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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John M'Farlane v George Buchanan. [1766] Hailes 815 (12 January 1779)
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Cite as: [1766] Hailes 815
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[1766] Hailes 815
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 EXHIBITION AD DELIBERANDUM.
Subject_3 In an exhibition ad deliberandum, a charter of adjudication and infeftment, in favour of the defender in possession, not sufficient to bar the pursuer from insisting for exhibition of the grounds of the charter.
Date: John M'Farlane
v.
George Buchanan
12 January 1779 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll., VIII. 89; Dict., 3991.]
Hailes. It is a singular thing to bring an action ad deliberandum, at the distance of 47 years from the death of the former proprietor: I do not see why the common course of a trust-bond and an adjudication in implement has been departed from.
Kaimes. There is no declarator of expiry of the legal: the security is not rendered property by the lapse of the ten years.
Covington. The predecessor who died in the right, has never been denuded. Here there is nothing sufficient in law to bar the exhibition ad deliberandum: though it must be confessed that the action comes uncommonly late.
On the 12th January 1779, “The Lords ordained George Buchanan to produce the adjudication in his person, with the grounds thereof, and conveyances thereto;” adhering to Lord Justice-Clerk's interlocutor.
Act. W. Baillie. Alt. Ilay Campbell.
The electronic version of the text was provided by the Scottish Council of Law Reporting